[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 8-10-2004 by Ord. No. 04-12R. Amendments noted where applicable.]
A. 
Every municipality wherein solid waste collection services are contracted for and provided, wholly or in part, on an individual, private contract basis is permitted by N.J.S.A. 40:66-5.1 to adopt a proof of service ordinance which requires all responsible solid waste generators to contract or otherwise lawfully provide for the collection of solid waste generated at applicable premises.
B. 
N.J.S.A. 40:66-5.1 permits every municipality, as part of its proof of service ordinance, to limit regular solid waste collection service to specified operating hours in order to preserve the peace and quiet during hours when most residents are asleep.
C. 
The Borough of Fanwood has decided to adopt a proof of service ordinance to regulate regular solid waste collection service in the Borough including but not limited to the hours of collection.
As used in this chapter, the following terms shall have the meanings indicated:
COMBUSTIBLE WASTE
Grass, yard trimmings, paper, cardboards, rags, waste wood and other combustible waste solids of a nonvolatile or nonexplosive nature.
DUMPSTER
A solid waste container, as defined below, greater than 96 gallons, that is suitable for the depositing of solid waste, refuse, or construction and demolition materials.
[Added 4-8-2008 by Ord. No. 08-03R]
GARBAGE
Animal and vegetable waste solids resulting from the handling, preparation, cooking and consumption of foods (except human body wastes).
NONCOMBUSTIBLE WASTE
All solid waste material which does not burn.
PREMISES
Land and all buildings and structures located thereon.
RESPONSIBLE SOLID WASTE GENERATOR
Any property owner, tenant or occupant of any single-family residential dwelling or multiple dwelling, or the owner of any commercial, office, or institutional building or structure located within the boundaries of the Borough, that generates solid waste at those premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
SOLID WASTE
Garbage, refuse, and other discarded materials resulting from industrial, commercial and agricultural operations, and from domestic and community activities, and shall include all other waste materials including liquids, except for solid animal and vegetable wastes collected by swine producers licensed by the State Department of Agriculture to collect, prepare and feed such wastes to swine on their own farms.
SOLID WASTE COLLECTION
The activity related to pickup and transportation of solid waste from its source or location to a solid waste facility or other destination.
SOLID WASTE COLLECTION SERVICE
The scheduled pickup and removal of solid waste from residential, commercial or institutional premises located within the boundaries of the Borough of Fanwood at least once a week.
SOLID WASTE CONTAINER
A receptacle, container or bag, not greater than 96 gallons, that is suitable for the depositing of solid waste or refuse.
[Amended 4-8-2008 by Ord. No. 08-03R]
SOLID WASTE DISPOSAL
The storage, treatment, utilization, processing, or final disposal of solid waste.
SOLID WASTE FACILITIES
The plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by any person pursuant to the provisions of N.J.S.A. 40:66-1.1 et seq., or any other act, including transfer stations, incinerators, resource recovery facilities, sanitary landfill facilities or other plants for the disposal of solid waste, and all vehicles, equipment and other real and personal property and rights therein and appurtenances necessary or useful and convenient for the collection or disposal of solid waste in a sanitary manner.
A. 
In the case of single-family, two-family and/or three-family residential housing, each responsible solid waste generator shall enter into a contract, written or oral, for regular solid waste collection services with any person lawfully providing private solid waste collection services; provided, however, that any responsible solid waste generator transporting solid waste which is generated at his/her residential premises directly to a solid waste facility shall be exempt. The responsible solid waste generator shall arrange for solid waste collection at least twice per week.
B. 
In the case of multifamily residential housing (more than three families), the responsible solid waste generator shall enter into a contract, written or oral, for regular solid waste collection service with any person lawfully providing private solid waste collection services; provided, however, that any responsible solid waste generator transporting solid waste which is generated at his/her multifamily residential premises directly to a solid waste facility shall be exempt. The owner of the multifamily dwelling shall provide a sufficient number of appropriate solid waste containers for the deposit of nonrecyclable waste materials to be disposed of as solid waste. The responsible solid waste generator shall arrange for solid waste collection at least twice per week.
C. 
In the case of any commercial, office, and/or institutional building or structure, the responsible solid waste generator shall enter into a contract, written or oral, for regular solid waste collection service with any person lawfully providing private solid waste collection services. Solid waste collection shall take place daily unless sufficient and suitable facilities are provided and used for the storage of such solid waste on such premises until such solid waste is collected. In no event shall solid waste collection take place less than once per week.
D. 
In the case of a responsible solid waste generator that is transporting the solid waste which is generated at his/her residential premises directly to a solid waste facility, every such responsible solid waste generator shall furnish proof to the Borough at least once every 12 months that the responsible solid waste generator is transporting the solid waste which is generated at his/her residential premises directly to the solid waste facility for disposal.
E. 
Solid waste collection may take place in the Borough only between the hours of 6:00 a.m. and 7:00 p.m., prevailing time, Monday through Saturday, from property located within all zones, including the GC General Commercial Business Zone and the CC Commercial Corridor Zone.
[Amended 3-16-2020 by Ord. No. 20-07R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
The restrictions set forth in Subsections A, B and C above shall not apply during any two-day period prior to predicted severe weather such as a snowstorm or hurricane, for a period of one day prior to or three days after such severe weather occurs, during periods of labor disputes or strikes involving the garbage collection systems, and/or for a period of one day prior to, or three days after, a national holiday.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
At least once every six months, all responsible solid waste generators shall be notified of the requirements of this chapter.
B. 
Such notification may be made by placing an advertisement in a newspaper circulating in the Borough, by posting a notice in public places where public notices are customarily posted, by including such notice with other official notifications periodically mailed to taxpayers, or by any combination thereof, as the Mayor and Council shall deem necessary and appropriate.
C. 
Failure on the part of the Mayor and Council to provide such notice shall not relieve any solid waste generator of compliance with this chapter.
[Added 7-8-2008 by Ord. No. 08-08R[1]]
No person or entity shall place on the exterior of any building or structure in the Borough, whether on public or private property and whether for solid waste collection, abandonment or otherwise, an appliance large enough to fit a person, child or adult inside it, unless the door to such appliance has been removed prior to it being placed on the exterior of such building or structure. Such appliances shall include, but not be limited to, refrigerators or similar appliances.
[1]
Editor's Note: This ordinance also renumbered former §§ 160-5 through 160-7, of the 2001 Code, as §§ 160-6 through 160-8, respectively.
[Added 8-12-2008 by Ord. No. 08-13R[1]]
The Borough shall from time to time, as determined by resolution of the Mayor and Council, provide curbside pickup of limited types of household bulk waste for residents obtaining a permit ("permit") for such pickup. Permits shall only be issued to Borough residents who are owners or occupiers of residential property within the Borough, subject to the conditions set forth in § 160-7 (collectively "Borough residents").
[1]
Editor's Note: This ordinance also renumbered §§ 160-6 through 160-8, of the 2001 Code, as §§ 160-15 through 160-17, respectively.
[Added 8-12-2008 by Ord. No. 08-13R]
Only materials set forth in § 160-11 and which a Borough resident generates on residential premises in the Borough shall be eligible for collection in accordance with this chapter.
[Added 8-12-2008 by Ord. No. 08-13R]
A. 
During such periods of time as the Mayor and Council determine by resolution to collect bulk waste in accordance with this chapter, permits shall be required to authorize curbside pickup of such waste from a Borough resident, and a fee will be charged for obtaining such permits as set forth in § 160-8C.
B. 
The permit(s), for which the appropriate fee(s) has (have) been paid, shall be displayed in the front windows of the residences from which the bulk waste is to be collected so as to be visible from the street to the contractor or person collecting such bulk waste.
C. 
The permits shall be issued by the Department of Public Works at a cost of not less than $65 and not more than $100, The Mayor and Council shall determine the amount of the permit fee by resolution.
D. 
Permits shall be issued only after proof of residence within or ownership of the residence in the Borough has been submitted to the satisfaction of the Director of the Department of Public Works.
E. 
Each permit shall entitle the holder to dispose of up to 750 pounds of bulk waste on one time only in accordance with the annual Public Works schedule. A sticker distributed by the Borough at the time that the permit is issued shall be affixed to the largest item of bulky waste at curbside.
[Added 8-12-2008 by Ord. No. 08-13R]
The following materials shall not be eligible for pickup as part of the bulk waste collection permitted by this chapter:
A. 
Materials generated in a commercial or industrial enterprise or related to commercial or industrial buildings or structures.
B. 
Materials from a person engaged in the business of collection, transportation and/or dumping of waste material, regardless of its origin.
C. 
Materials generated from premises outside of the Borough.
D. 
Examples of materials that are not eligible for pickup include but are not limited to the following: liquids; chemicals, liquid or solid; dirt; sand; rocks; fertilizer; cement; toxic or hazardous materials; kitchen garbage; explosive materials; bottles; concrete; construction materials, materials from the demolition of a building or structure or part thereof; auto frames or bodies; wood more than three feet in length; paper, books and cardboard; auto batteries; tree stumps; vegetative waste; motor oil; newspapers; cans; items of excessive weight; paint; paint thinner; pesticides; herbicides; gas or propane containers; fuel tanks; any material in plastic bags; windows; window glass; leaders; tires (on rims); electronics (including but not limited to all computer equipment, televisions, videocassette recorders, DVD players, fax machines, printers, copiers); recyclable materials as set forth in § 235-1 of the Borough Code and in the annual Public Works schedule, or such other items that shall be delineated by the Borough Administrator and the Director of the Department of Public Works.
[Added 8-12-2008 by Ord. No. 08-13R]
If a Borough resident seeks to obtain a permit, the applicant must complete an application prepared by the Borough, a copy of which will be sent to all property owners in the Borough of Fanwood by mail and/or available at the Department of Public Works. The application must be completed and returned by mail, accompanied by a check for the number of permits requested. Only checks payable to "Borough of Fanwood" will be accepted. The permit(s) and sticker(s) shall be mailed to the applicant after it has been determined that the applicant satisfies all of the provisions of this chapter and after the applicant's check has been collected. No permits shall be issued and no application shall be accepted after the cutoff date established by the Mayor and Council by regulation.
[Added 8-12-2008 by Ord. No. 08-13R; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The bulk waste collection program shall only permit the collection of nonbiodegradable solid household waste material. Examples of acceptable materials include but are not limited to indoor and outdoor furniture, rugs, household appliances, household equipment, nonriding lawn mowers, snow blowers, tools, play equipment and toys, screens, doors, water heaters, waste lumber less then three feet in length, electrical materials and similar items.
[Added 8-12-2008 by Ord. No. 08-13R]
Persons who are issued a permit pursuant to this chapter shall deposit items to be collected at curbside in front of the residence (not in the street or on the sidewalk) no sooner than three days prior to the designated collection date established by the Department of Public Works for the collection in that area of the Borough and not later than one day prior to the designated collection date.
[Added 8-12-2008 by Ord. No. 08-13R]
Random inspections shall be conducted by the Borough to ensure compliance with this chapter and any rules and regulations established by the Borough.
[Added 8-12-2008 by Ord. No. 08-13R]
The Department of Public Works and the Borough Administrator may adopt any additional rules and regulations for the operation of the bulk waste collection system as they may deem appropriate, so long as these rules and regulations are not inconsistent with this chapter. Upon adoption of any such rules and regulations, they shall become effective as part of this chapter.
[Added 4-8-2008 by Ord. No. 08-03R[1]]
A. 
All dumpsters are prohibited from being placed on any property located in the residential zones of the Borough, except as otherwise set forth in this chapter.
B. 
Dumpsters shall only be placed on property in the residential zone of the Borough by the owner or tenant of said lot on a temporary basis as set forth hereafter. During the initial period as hereafter defined, they (it) only shall be located in:
(1) 
The rear yard of the property;
(2) 
The driveway of the property, but no closer than 10 feet from the property line;
(3) 
The front or side yard of the property but no closer than 10 feet from the closest property line; or
(4) 
Where they (it) cannot be viewed from the street or public right-of-way.
C. 
A dumpster shall not be permitted to remain in accordance with Subsection B above for more than 90 days (initial period). Thereafter, the dumpster shall only be permitted to remain on the property in the rear yard or where it cannot be viewed from the street or public right-of-way.
[1]
Editor's Note: This ordinance also renumbered former § 160-5, Violations and penalties, of the 2001 Code, as § 160-7.
[Added 4-8-2008 by Ord. No. 08-03R]
A. 
Before any owner or tenant of any property in the Borough's residential zone shall be permitted to place a dumpster on its property, it must make application to the Borough Clerk for a permit to do so, which application shall include:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
The owner and the tenant, if applicable;
(2) 
The property on which the dumpster is to be placed;
(3) 
The size of the dumpster;
(4) 
The exact location proposed to place the dumpster (including the approximate number of feet that the dumpster will be located from the property line);
(5) 
The reason for the dumpster, and the length of time that the dumpster will need to be placed on the property.
B. 
In addition to submitting the application referred to in Subsection A above, each application shall be accompanied with payment of a fee to the Borough of $25. The fee in question will cover the administrative costs of the Borough, as well as oversight to make certain that the applicant performs in accordance with its application, including but not limited to the removal of the dumpster at the expiration of the permit, unless the dumpster is placed in accordance with § 160-15C.
A. 
In the event of any violation of any provision of this chapter, penalties shall be assessed as follows:
(1) 
For the first offense in the same calendar year, the violator shall be notified in writing by the Borough Clerk that any additional violations in that same calendar year shall result in penalties being assessed as set forth in Subsection A(2) through (5) hereafter.
(2) 
The second offense in the same calendar year shall not exceed $100 per offense.
(3) 
The third offense in the same calendar year shall not exceed $250 per offense.
(4) 
The fourth offense in the same calendar year shall not exceed $500 per offense.
(5) 
The fifth or more offenses in the same calendar year shall not exceed $1,000 per offense.
B. 
Each day that a violation continues shall constitute a separate and distinct offense.
C. 
Notwithstanding anything contained in § 160-17A to the contrary, in the case of any person, firm or corporation that violates or neglects to comply with any provision of §§ 160-6 through 160-14, or any regulation promulgated pursuant thereto, such person, firm or corporation shall, upon conviction for such violation, shall be punished by a fine of $100 for the first offense, plus the actual cost of the permit of that year if not already paid, and for any such subsequent offense within the same twenty-four-month period, a fine of not less than $200 nor more than $1,000, plus the actual cost of the permit for that year if not already paid, and the Court may, in its discretion, sentence any subsequent offender up to five days of community service.
[Added 8-12-2008 by Ord. No. 08-13R]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Definitions. The following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Fanwood or other public body, and is designed and used for collecting and conveying storm water.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER or RECEPTACLE
Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow-removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
B. 
Covers on containers; purpose. In order to protect the public health, safety and welfare, refuse containers that are outdoors or exposed to stormwater must be covered at all times to avoid the spilling, dumping, leaking, and/or discharging of liquids, semi-liquids or solids from such containers into the Borough's storm sewer system and/or into the waters of the State of New Jersey.
C. 
Prohibited conduct.
(1) 
Any person who controls, whether owned, leased, or operated, a refuse container shall ensure that it is covered at all times and shall prevent refuse from spilling out or overflowing from said container.
(2) 
Any person who owns, leases or otherwise uses a refuse container must ensure that it does not leak or otherwise discharge liquids, semi-liquids or solids into the municipal separate storm sewer system operated by the Borough.
D. 
Exceptions. Exceptions to conduct prohibited pursuant to § 160-18C:
(1) 
Permitted temporary demolition containers.
(2) 
Litter receptacles (other than refuse containers).
(3) 
Individual homeowner refuse containers and recycling containers.
(4) 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
(5) 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for bulk collection).
E. 
Enforcement. Section 160-18C shall be enforced by the Department of Public Works.
F. 
Violations and penalties.
(1) 
Any person(s) who is (are) found to be in violation of any provision of this section except § 160-18C shall be subject to a fine of not less than $25 nor more than $2,000.
(2) 
Any person(s) who is (are) found to be in violation of § 160-18C shall be subject to the penalty provisions of § 1-2, General penalty.